this post was submitted on 10 Sep 2023
831 points (96.7% liked)

Technology

34828 readers
16 users here now

This is the official technology community of Lemmy.ml for all news related to creation and use of technology, and to facilitate civil, meaningful discussion around it.


Ask in DM before posting product reviews or ads. All such posts otherwise are subject to removal.


Rules:

1: All Lemmy rules apply

2: Do not post low effort posts

3: NEVER post naziped*gore stuff

4: Always post article URLs or their archived version URLs as sources, NOT screenshots. Help the blind users.

5: personal rants of Big Tech CEOs like Elon Musk are unwelcome (does not include posts about their companies affecting wide range of people)

6: no advertisement posts unless verified as legitimate and non-exploitative/non-consumerist

7: crypto related posts, unless essential, are disallowed

founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 56 points 1 year ago (3 children)

Nope, it's actually only that the police has reason to believe that they might commit a crime.

No need for them to be prior offenders or anything. The police can arrest anyone at any time if they believe you might commit a crime. And even comparatively minor things like blocking traffic counts.

[–] [email protected] 23 points 1 year ago (1 children)

Feels like a half assed Minority Report plotline.

[–] [email protected] 10 points 1 year ago (1 children)

"Okay, so what cool plot idea do we use to determine who might commit crimes?"

"IDK, just anyone maybe? People who use the internet?"

[–] [email protected] 11 points 1 year ago

Same way I look for weed in illegal countries; find hippies and dreadlocks.

[–] [email protected] 6 points 1 year ago (2 children)

Is this similar to a conspiracy charge?

[–] [email protected] 18 points 1 year ago (1 children)

It doesn't sound like it. Conspiracy means there's documented evidence of a plan and motive to commit a crime. This doesn't seem like it meets that standard.

[–] [email protected] 2 points 1 year ago

Thanks. I have no clue about German law. Oddly even though America has a large German population historically, our laws are based on English, French and Spanish laws.

[–] [email protected] 5 points 1 year ago

The difference in regards to a conspiracy charge is that you don't need a conspiracy behind it.

In Germany, there are actually 18 different laws regarding this, since that part of the law is federated. So each state of Germany (plus the federal police and the federal criminal police) has it's own law regarding under what circumstances they are allowed to arrest someone before they committed a crime and for how long.

Originally, these laws had two purposes:

  • Stop someone from committing a serious crime
  • Stop someone from doing harm to themselves

And as such, these laws used to have tight limits on when they can apply and for how long people are allowed to be arrested.

A case could be made for these laws. E.g. if someone announces online that they are going to shoot kids at a school, it would be totally justified to quickly bag that guy before he kills children. Waiting for a court order might not be fast enough to save the would-be victims.

But then they started to expand the reasons why someone can be arrested and for how long.

In Bavaria, for example, it's enough that someone carries items that can be used for criminal purposes. And there they can jail people for up to two months without a charge.

There have been cases where someone was put in jail for two months for carrying items like crowbars or ropes in their backpacks.

[–] [email protected] -4 points 1 year ago* (last edited 1 year ago) (1 children)

Well they did identify themselves as members of a group that publicly announced it would continue to commit crimes.

[–] [email protected] 3 points 1 year ago (2 children)

Well, no. Blocking traffic is no crime. It's just a misdemeanor (Verwaltungsübertretung).

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago)

It's really something for the lawyers but it could be considered "Nötigung" (§ 181 StGB) and/or "Gefährlicher Eingriff in den Straßenverkehr" (§ 315b StGB).

Pretty sure if it's in the StGB it's a "crime" (Straftat).

[–] [email protected] 2 points 1 year ago (1 children)

In English, at least for the US, there are typically only misdemeanors and felonies, and both are crimes. There are also violations, but those are usually civil, not criminal (parking tickets, for example).

[–] [email protected] 3 points 1 year ago (1 children)

Sorry, mistranslation. I meant violations. Over here we only split into violations and crimes.

Violations cover most things done with a car/in traffic without actively harming someone.

[–] [email protected] 1 points 1 year ago

Yeah, in English (in the US, generally) we'd call that a civil violation. Or a civil action where a lawsuit is brought by a private citizen, like suing someone for damaging your property. It's against the law, but probably not going to be prosecuted by the government.